Common Position (EC) No 24/2000 of 30 March 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a recommendation of the European Parliament and of the Council providing for minimum criteria for environmental inspections in the Member States
Date: 2000-03-30
Institutions: Council of the European Union
Subjects: application of EU law, environmental law, environmental monitoring, industrial building, pollution

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 24/2000

adopted by the Council on 30 March 2000

with a view to adopting recommendation 2000/.../EC of the European Parliament and of the
Council of ... providing for minimum criteria for environmental inspections in the Member States

(2000/C 137/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social
Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1) The Resolution of the Council and of the Representatives
of the Governments of the Member States, meeting within
the Council, of 1 February 1993 on a Community
Programme of policy and action in relation to the
environment and sustainable development (4) and the
Decision of the European Parliament and the Council on
its review (5) emphasised the importance of implemen-
tation of Community environmental
law through the
concept of shared responsibility.

(1) OJ C 169, 16.6.1999, p. 12.
(2) OJ C 374, 23.12.1999, p. 48.
(3) Opinion of the European Parliament of 16 September 1999 (OJ
C 54, 25.2.2000, p. 92), Council Common Position of 30 March
2000 and Decision of the European Parliament of ... (not yet
published in the Official Journal).

(4) OJ C 138, 17.5.1993, p. 1.
(5) OJ C 275, 10.10.1998, p. 1.

(2) The Commission Communication of 5 November 1996
to the Council of the European Union and the European
Parliament on implementing Community environmental
law,
in particular paragraph 29 thereof, proposed the
establishment of guidelines at Community level in order
to assist Member States in carrying out inspection tasks,
thereby reducing the currently existing wide disparity
among Member States’ inspections.

(3) The Council in its Resolution of 7 October 1997 on the
implementation and enforcement of Com-
drafting,
munity Environmental Law (6) invited the Commission to
propose, for further consideration by the Council,
in
particular on the basis of the work of the European Union
Network for the Implementation and Enforcement of
Environmental Law (IMPEL), minimum criteria and/or
guidelines for inspection tasks carried out at Member
State level and the possible ways in which their appli-
cation in practice could be monitored by Member States,
in order to ensure an even practical application and
enforcement of environmental legislation, and the Com-
mission’s proposal has taken into account a paper
produced by IMPEL in November 1997 and entitled
‘Minimum criteria for inspections’.

(4) The European Parliament by its Resolution of 14 May
1997 on the Commission’s Communication called for
Community legislation on environmental
inspections,
and the Economic and Social Committee and the Com-
mittee of the Regions gave favourable opinions on the
Commission’s Communication and stressed the import-
ance of environmental inspections.

(6) OJ C 321, 22.10.1997, p. 1.

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(5) Different systems and practices of inspection already exist
in Member States and should not be replaced by a system
of inspection at Community level, as was considered in
the Council Resolution of 7 October 1997, and Member
States should retain responsibility for environmental
inspection tasks.

(6) The existence of inspection systems and the effective
carrying out of inspections is a deterrent to environmental
violations since it enables authorities to identify breaches
and enforce environmental laws through sanctions or
other means; thus inspections are an indispensable link
in the regulatory chain and an efficient instrument to
contribute to a more consistent implementation and
enforcement of Community environmental
legislation
across the Community and to avoid distortions of
competition.

(7) There is currently a wide disparity in the inspection
systems and mechanisms among Member States in terms
not only of their capacities for carrying out inspection
tasks but also of the scope and contents of the inspection
tasks undertaken and even in the very existence of
inspection tasks in a few Member States, and this is a
situation which cannot be considered satisfactory with
reference to the objective of an effective and more
consistent
implementation, practical application and
enforcement of Community legislation on environmental
protection.

(8)

therefore,

is necessary,

this stage,
It
guidelines in the form of minimum criteria to be applied
as a common basis for the performance of environmental
inspection tasks within the Member States.

to provide, at

(9) Community environmental legislation obliges Member
States to apply requirements in relation to certain emis-
sions, discharges and activities; minimum criteria on the
organisation and carrying out of inspections should be
met in the Member States, as a first stage, for all industrial
installations and other enterprises and facilities whose air
emissions and/or water discharges and/or waste disposal
or recovery activities are subject to authorisation, permit
or licensing requirements under Community law.

(10) Inspections should take place taking into account the
division of responsibilities in the Member States between
authorisation and inspection services.

(11) In order to make this system of inspections efficient,
Member States should ensure that environmental inspec-
tion activities are planned in advance.

(13) The data and documentation provided by industrial
operators registered under the Community eco-manage-
ment and audit scheme could be a useful source of
information in the context of environmental inspections.

(14) In order to draw conclusions from site visits, regular

reports should be established.

(15) Reporting on inspection activities, and public access to
information thereon, are important means to ensure
through transparency the involvement of citizens, non-
governmental organisations and other interested actors
in the implementation of Community environmental
legislation; access to such information should be in line
with the provisions of Council Directive 90/313/EEC of
7 June 1990 on the freedom of access to information on
the environment (1).

(16) Member States should assist each other administratively
in operating this recommendation; the establishment by
Member States in cooperation with IMPEL of voluntary
reporting and advice schemes relating to inspectorates
and inspection procedures would help to promote best
practice across the Community.

(17) Member States should report to the Council and the
Commission on their experience in operating this rec-
ommendation and the Commission should regularly
inform the European Parliament.

(18) The Commission should keep the operation and effective-
ness of this recommendation under review and report
thereon to the European Parliament and the Council as
soon as possible after the receipt of the Member States’
reports.

(19) Further work by IMPEL and Member States, in cooper-
ation with the Commission, should be encouraged in
respect of best practices concerning the qualifications and
training of environmental inspectors.

(20) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty,
and given the differences in inspection systems and
mechanisms in the Member States, the objectives of the
proposed action can best be achieved by guidance set out
at Community level.

(12) Site visits form an important part of environmental

inspection activities.

(1) OJ L 158, 23.6.1990, p. 56.

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(21) In the light of the experience gained in the operation of
this recommendation and taking account of IMPEL’s
further work, as well as of the results of any voluntary
schemes provided for in this recommendation, the Com-
mission should give consideration to developing the
minimum criteria in terms of their scope and substance
and to making further proposals which might include a
proposal for a directive, if appropriate,

HEREBY RECOMMEND:

I

Purpose

Environmental inspection tasks should be carried out in the
Member States, according to minimum criteria to be applied
in the organising, carrying out, following up and publicising
of the results of such tasks, thereby strengthening compliance
with, and contributing to a more consistent implementation
and enforcement of Community environmental
law in all
Member States.

II

Scope and definitions

1.

(a) This

industrial

recommendation applies

to environmental
inspections of all
installations and other
enterprises and facilities, whose air emissions and/or
water discharges and/or waste disposal or recovery
activities are subject to authorisation, permit or licens-
ing requirements under Community law, without
prejudice to specific inspection provisions in existing
Community legislation;

(b) For the purposes of this recommendation, all the
installations and other enterprises and facilities referred
to in point 1(a) are ‘controlled installations’.

For the purposes of this recommendation, ‘environmen-

2.
tal inspection’ is an activity which entails, as appropriate:

(a) checking and promoting the compliance of controlled
installations with relevant environmental requirements set
out in Community legislation as transposed into national
legislation or applied in the national legal order (referred
to hereinafter as ‘EC legal requirements’);

(b) monitoring the impact of controlled installations on the
environment to determine whether further inspection or
enforcement action (including issuing, modification or
revocation of any authorisation, permit or licence)
is
required to secure compliance with EC legal requirements;

(c) the carrying out of activities for the above purposes

including:

— site visits,

— monitoring achievement of environmental quality

standards,

— consideration of environmental audit reports and

statements,

— consideration and verification of any self monitoring
carried out by or on behalf of operators of controlled
installations,

— assessing the activities and operations carried out at

the controlled installation,

— checking the premises and the relevant equipment
(including the adequacy with which it is maintained)
and the adequacy of the environmental management
at the site,

— checking the relevant records kept by the operators of

controlled installations.

3.

Environmental inspections, including site visits, may be:

(a) routine, that is, carried out as part of a planned inspections

programme, or

(b) non-routine, that is, carried out in such cases in response
to complaints, in connection with the issuing, renewal or
modification of an authorisation, permit or licence, or in
the investigation of accidents, incidents and occurrences of
non-compliance.

4.

(a) Environmental inspections may be carried out by any
public authority at either national, regional or local
level, which is established or designated by the Member
State and responsible for the matters covered by this
recommendation.

for

(b) The bodies referred to in paragraph (a) may, in accord-
ance with their national legislation, delegate the tasks
recommendation to be
provided
accomplished, under their authority and supervision,
to any legal person whether governed by public or
private law provided such person has no personal
interest in the outcome of the inspections it undertakes.

in this

(c) The bodies referred to in paragraphs (a) and (b) above

are defined as ‘inspecting authorities’.

5.
For the purposes of this recommendation, an ‘operator
of a controlled installation’ is any natural or legal person who
operates or controls the controlled installation or, where this
legislation, to whom decisive
is provided for in national
economic power over the technical functioning of the con-
trolled installation has been delegated.

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III

(d) data on and from previous inspection activities, if any.

Organisation and carrying out of environmental inspec-
tions

4.

Plans for environmental inspections should:

1. Member States should ensure that environmental inspec-
tions aim to achieve a high level of environmental protection
and to this end should take the necessary measures to ensure
that environmental inspections of controlled installations are
organised and carried out in accordance with points IV to VIII
of this recommendation.

2. Member States should assist each other administratively
in carrying out the guidelines of this recommendation by the
exchange of relevant information and, where appropriate,
inspecting officials.

In order to promote best practice across the Community,
3.
Member States may, in cooperation with IMPEL, consider the
establishment of a voluntary scheme, under which Member
States report and offer advice on inspectorates and inspection
procedures in Member States, paying due regard to the
different systems and contexts in which they operate, and
report to the Member States concerned on their findings.

(a) be appropriate to the inspection tasks of the relevant
authorities, and should take account of the controlled
installations concerned and the risks and environmental
impacts of emissions and discharges from them.

(b) take into account relevant available information in relation
to specific sites or types of controlled installations, such as
reports by operators of controlled installations made to
the authorities, self monitoring data, environmental audit
information and environmental statements, in particular
those produced by controlled installations registered
according to the Community Eco-Management and Audit
Scheme (EMAS), results of previous inspections and reports
of environmental quality monitoring.

Each plan for environmental

5.
minimum:

inspections should as a

(a) define the geographical area which it covers, which may

be for all or part of the territory of a Member State;

(b) cover a defined time period, for example one year;

IV

(c)

include specific provisions for its revision;

Plans for environmental inspections

(d) identify the specific sites or types of controlled installations

covered;

1. Member States should ensure that environmental inspec-
tion activities are planned in advance, by having at all times a
plan or plans for environmental inspections providing cover-
age of all the territory of the Member State and of the
controlled installations within it. Such a plan or plans should
be available to the public according to Directive 90/313/EEC.

2.
Such a plan or plans may be established at national,
regional or local levels, but Member States should ensure that
the plan or plans apply to all environmental inspections of
controlled installations within their territory and that the
authorities mentioned in point II(4) are designated to carry out
such inspections.

Plans for environmental inspections should be produced

3.
on the basis of the following:

(a) the EC legal requirements to be complied with;

(b) a register of controlled installations within the plan area;

(c) a general assessment of major environmental issues within
the plan area and a general appraisal of the state of
compliance by the controlled installations with EC legal
requirements;

(e) prescribe the programmes for routine environmental
inspections, taking into account environmental risks; these
programmes should include, where appropriate, the fre-
quency of site visits for different types of or specified
controlled installations;

(f) provide for and outline the procedures for non-routine
environmental inspections, in such cases in response to
complaints, accidents, incidents and occurrences of non-
compliance and for purposes of granting permission;

(g) provide for coordination between the different inspecting

authorities, where relevant.

V

Site visits

1. Member States should ensure that the following criteria
are applied in respect of all site visits:

(a) that an appropriate check is made of compliance with the
EC legal requirements relevant to the particular inspection;

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(b) that if site visits are to be carried out by more than
one environmental
inspecting authority, they exchange
information on each others’ activities and, as far as
possible, coordinate site visits and other environmental
inspection work;

(c) that the findings of site visits are contained in reports made
in accordance with point VI and exchanged, as necessary,
between relevant inspection, enforcement and other auth-
orities, whether national, regional or local;

(d) that inspectors or other officials entitled to carry out site
visits have a legal right of access to sites and information,
for the purposes of environmental inspection.

2. Member States should ensure that site visits are regularly
carried out by inspecting authorities as part of their routine
environmental inspections and that the following additional
criteria are applied for such site visits:

(a) that the full range of relevant environmental impacts is
examined,
in conformity with the applicable EC legal
requirements, the environmental inspection programmes
and the inspecting bodies’ organisational arrangements;

(b) that such site visits should aim to promote and reinforce
operators’ knowledge and understanding of relevant EC
legal requirements and environmental sensitivities, and of
the environmental impacts of their activities;

(c) that the risks to and impact on the environment of the
controlled installation are considered in order to evaluate
the effectiveness of existing authorisation, permit or licens-
ing requirements and to assess whether improvements or
other changes to such requirements are necessary.

3. Member States should also ensure that non-routine site
visits are carried out in the following circumstances:

(a)

in the investigation by the relevant inspecting authorities
of serious environmental complaints, and as soon as
possible after such complaints are received by the auth-
orities;

(b) in the investigation of serious environmental accidents,
incidents and occurrences of non-compliance, and as soon
as possible after these come to the notice of the relevant
inspecting authorities;

(c) where appropriate, as part of the determination as to
whether and on what terms to issue a first authorisation,
permit or licence for a process or activity at a controlled
installation or the proposed site thereof or to ensure the
compliance with the requirements of the authorisation,
permit or licence after it has been issued and before the
start of activity;

(d) where appropriate, before the reissue, renewal or modifi-

cation of authorisations, permits or licences.

VI

Reports and conclusions following site visits

1. Member States should ensure that the inspecting auth-
orities draw up a report after every site visit containing their
findings as to compliance with EC legal requirements, an
evaluation thereof and a conclusion on whether any further
action should follow, such as enforcement proceedings, includ-
ing sanctions, the issuing of a new or revised authorisation,
permit or licence or follow-up inspection activities, including
further site visits. Reports should be finalised as soon as
possible.

2. Member States should ensure that such reports are
properly recorded in writing and maintained in a readily
accessible database. The full reports, and wherever this is
not practicable the conclusions of such reports, should be
communicated to the operator of the controlled installation in
question and be available to the public according to Directive
90/313/EEC.

VII

Investigations of serious accidents, incidents and occur-
rences of non-compliance

Member States should ensure that the investigation of serious
accidents, incidents and occurrences of non-compliance with
EC legislation, whether these come to the attention of the
authorities through a complaint or otherwise, is carried out by
the relevant authority in order to:

(a) clarify the causes of the event and its impact on the
environment, and as appropriate, the responsibilities and
possible liabilities for the event and its consequences, and
to forward conclusions to the authority responsible for
enforcement, if different from the inspecting authority;

(b) mitigate and, where possible, remedy the environmental
impacts of the event through a determination of the
appropriate actions to be taken by the operator(s) and the
authorities;

(c) determine action to be taken to prevent further accidents,

incidents and occurrences of non-compliance;

(d) enable enforcement action or sanctions to proceed,

if

appropriate; and

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(e) ensure that
actions.

the operator takes appropriate follow-up

IX

VIII

Reporting on environmental

inspection activities in

general

1. Member States should report to the Commission on their
experience of the operation of this recommendation three
years after the date of its publication in the Official Journal of
the European Communities, using, to the extent possible, any
data available from regional and local inspecting authorities.

Such reports should be available to the public and should

2.
include in particular the following information:

(a) data about

the staffing and other

resources of

the

inspecting authorities;

(b) details of the inspecting authority’s role and performance
in the establishment and implementation of relevant
plan(s) for inspections;

(c) summary details of the environmental inspections carried
out, including the number of site visits made, the pro-
portion of controlled installations inspected (by type) and
estimated length of time before all controlled installations
of that type have been inspected;

(d) the degree of compliance by controlled installations with
EC legal requirements as appears from inspections carried
out and from any other information the competent
authority may have;

(e) a summary, including numbers, of the actions taken as a
incidents and

result of serious complaints, accidents,
occurrences of non-compliance;

(f) an evaluation of the success or failure of the plans for
inspections as applicable to the inspecting body, with any
recommendations for future plans.

Review and development of the recommendation

1.
The Commission should review the operation and effec-
tiveness of this recommendation, as soon as possible after
receipt of the Member States’ reports mentioned in point VIII
above, with the intention of developing the minimum criteria
further in terms of their scope in the light of the experience
gained from their application, and taking into account any
further contributions from interested parties, including IMPEL.

2.
IMPEL is invited to draw up, as quickly as possible, in
cooperation with the Commission and other interested parties,
a working paper on best practices concerning the qualifications
of environmental inspectors who are authorised to carry out
inspections for or under the authority or supervision of
inspecting authorities.

3. Member States should, as quickly as possible, in cooper-
ation with IMPEL, the Commission and other interested parties,
develop best practices concerning training programmes in
order to meet the demand for qualified environmental inspec-
tors.

X

Implementation

should inform the Commission of

Member States
the
implementation of this Recommendation together with details
of environmental inspection mechanisms already existing or
foreseen not later than twelve months after its publication in
the Official Journal of the European Communities.

Done at ...

For the European Parliament,

For the Council,

The President

The President

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 17 December 1998 the Commission submitted to Council a proposal

for a Council
recommendation providing for minimum criteria for environmental inspections in Member States
(legal basis: Article 175(1) of the Treaty, originally Article 130S(1)).

2. The European Parliament delivered its opinion at the first reading on 16 September 1999.

The Economic and Social Committee gave its opinion on 28 April 1999.

The Committee of the Regions gave its opinion on 16 September 1999.

3. On 6 December 1999 the Commission submitted to Council an amended proposal.

4. On 30 March 2000, the Council adopted a common position in accordance with Article 251 of

the Treaty.

II. OBJECTIVE

Further to a request by Council in its resolution of 7 October 1997 on this matter, the Commission
submitted the abovementioned proposal for a recommendation.

The proposal aims at establishing guidelines for minimum criteria to be applied in the various phases
of the environmental
inspections carried out in the Member States and will help strengthen
compliance with Community environmental law and improve its implementation and enforcement
in all Member States.

III. ANALYSIS OF THE COMMON POSITION

General comments

The Commission accepted in substance, provided the form of the proposal remained that of a
recommendation, five of the fifteen amendments adopted by the European Parliament. The common
position adopted by Council, which endorses the Commission approach for a recommendation on
minimum criteria concerning environmental
this stage,
incorporates in principle, fully or in part, a good number of the European Parliaments’ amendments
accepted by the Commission in its amended proposal.

inspections in the Member States at

Those European Parliament amendments not retained by the Council are indicated in the context of
the specific comments made on the different parts of the common position.

Specific comments

The main changes introduced to the text and agreed by the Council are set out below in greater detail.

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Preamble

The Council modified the Preamble to bring it in line with the content of the common position. For
reasons of greater clarity and coherence therefore, some of the existing ‘recitals’, for example in
particular, recital 8, (minimum criteria necessary at this stage), recital 9 (scope as clarified in point II)
and recital 16 (voluntary schemes under point III), have been modified and the following new ones
have been added:

— recital 5: acknowledgement of the existence of different systems and practices of inspections in the
in line with the Council Resolution of 7 October 1997, stressing that the

Member States,
responsibility for environmental inspections tasks will continue to lie with Member States,

— recital 10: division of responsibilities between authorisation and inspection services to be taken

into account when inspections take place,

— recital 17: requirement for Member States to report to the Commission and Council on the
experience in operating the Recommendation and subsequent request to the Commission to
inform regularly the European Parliament,

— recital 19: further work to be done by IMPEL and the Member States, together with the

Commission, on training and qualifications of environmental inspectors,

— recital 21: taking into account the experience gained in operating this recommendation by Member
further work by IMPEL and the results of voluntary schemes set up under the
States,
recommendation,
it is foreseen that the Commission give consideration to developing the
minimum criteria in their scope and substance and making further proposals which might include
a proposal for a directive, if appropriate.

The Council has not retained the new recital concerning the European Environment Agency, proposed
by the European Parliament and accepted by the Commission in its amended proposal, since the
common position has not given the Agency a role in this area.

Point I (Purpose)

The purpose of the proposed recommendation is setting out minimum criteria to be applied in the
organising, carrying out, following up and publicising of the results of the environmental inspections
in the Member States, thereby strengthening the compliance with, and contributing to a more
consistent implementation and enforcement of Community environmental law in all Member States.
The approach and the text have remained substantially unchanged (only a minor drafting change has
been made by Council for the sake of greater clarity).

Point II (Definitions)

The scope of the recommendation has been clarified and restricted by Council (subparagraph 1(a))
with regard to the type of installations to which the minimum criteria apply; it covers now all
industrial installations and other enterprises and facilities whose air emissions and/or water discharges
and/or waste disposal or recovery activities are subject to authorisation, permit or licence requirements
under European Community law (controlled installations), without prejudice to specific inspection
provisions in existing European Community legislation.

Nuclear installations, originally covered by the Commission proposal, have not been retained by
Council in the common position on the ground that separate and specific legislative provisions apply
to those installations which are governed by the Euratom Treaty and should, if the need arises, be
further developed or amended in that framework.

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Other changes in the reorganisation of this point have been made with the aim of achieving greater
clarity, and include: clarification of what is meant by ‘EC legal requirements’ (subparagraph 2(a));
follow-up actions on the basis of the results of monitoring the impact of the ‘controlled installations’
on the environment (subparagraph 2(b)); clarification of activities included in the environmental
inspections (subparagraph 2(c)).

Point III (Organisation and carrying out of environmental inspections)

The main change introduced by the Council is an additional paragraph 3 aiming at promoting best
practice in this area across the Community, whereby Member States, in cooperation with IMPEL (The
European Union Network for the Implementation and Enforcement of Environmental Law), may
consider the establishment of voluntary schemes under which Member States report and offer advice
on inspectorates and inspection procedures in Member States, paying due regard to the different
systems and contexts in which they operate, and report to the Member States concerned on their
findings.

The proposed European Parliament amendment for an additional paragraph dealing with the
prevention of illegal cross-border environmental practices through coordination of inspections
between the Member States was not retained by the Council as neither appropriate nor entirely clear
in this context, while the aspects of coordination among inspection services were added in the
following Point IV (see new subparagraph 5(g) below).

Point IV (Plans for environmental inspections)

A few modifications aiming at clarifying and improving the text have been introduced by the Council,
mainly concerning:

subparagraph 3(d): consideration of data on and from previous inspections activities, if they are
available;

subparagraph 5(b): consideration of statements produced by the ‘controlled installations’ according to
the EMAS Regulation;

subparagraph 5(e): consideration of environmental risks in the programmes for routine environmental
inspections;

a new subparagraph 5(g): provision of coordination between different inspections authorities, where
relevant.

Point V (Site visits)

Main changes, primarily of a drafting nature, aim at clarifying the text of the recommendation and
easing its implementation.

They concern:

subparagraph 1(a): appropriate check of compliance with EC legal requirements;

subparagraph 2(a): additional criteria for routine site visits (examination of full range of relevant
environmental impacts);

subparagraph 3(c): circumstances for carrying out non-routine site visits (as appropriate, to assist in
issuing first authorisation/permit/licence or ensuring compliance with requirements of authoris-
ation/permit/licence).

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Point VI (Reports and conclusions following site visits)

The main change introduced by the Council with regard to the reporting requirements concerns
subparagraph 2, where the common position states that the full reports, and where this is not
practicable the conclusions of such reports, will be communicated to the operator of the controlled
installation in question and be available to the public according to Directive 90/313/EEC. The Council
has followed a pragmatic approach with the intention of avoiding a cumbersome procedure by which
in any case the full report be communicated to the operator concerned, while ensuring however the
availability of these reports also to the public in accordance with existing Community legislation in
this field.

On the deadline for preparation of reports, although the Council has not accepted the precise term
indicated by the European Parliament (two months), it has however taken into account the spirit of
this amendment by adding in the common position that the reports should be finalised as soon as
possible (subparagraph 1).

Point VII (Investigations of serious accidents, incidents and occurrences of non-compliance)

The text has been streamlined by the Council by incorporating the concept of the appropriate follow-
up actions to be taken by the operator (point 2 in the Commission proposal) at the end of
subparagraph 1(e).

Point VIII (Reporting on environmental inspection activities in general)

The Council has redrafted part of the text for reasons of greater clarity and coherence with the other
points of the recommendation, with regard to the timing of reporting by Member States on their
experiences in the implementation of the recommendation, as well as to the content of the reports
that has been streamlined in the common position.

Point IX (Review and development of the recommendation)

This point, renamed in the common position, has been broadened by the Council, by accepting in
principle the European Parliament’s amendments, now incorporated in the new paragraphs 2 and 3,
dealing respectively with the qualifications of environmental inspectors (IMPEL is invited to prepare,
in cooperation with the Commission and other interested parties a working paper in this area) and
with training programmes (where best practice should be developed by Member States in cooperation
with the Commission and IMPEL).

The Council has not estimated it appropriate to introduce a reference to the European Environment
Agency’s role in this context, as proposed by the European Parliament and accepted by the
Commission in its amended proposal.

Point X (Implementation)

The text as modified in the common position is in line with the standard clause.

The Commission has agreed to the changes made by the Council.